Act on Employment Security of Elderly Persons

The purpose of this Act is to promote the employment security and general welfare of elderly persons and others while contributing to the development of the economy and society, by taking comprehensive measures that are designed to facilitate the secure employment of elderly persons, such as raising the mandatory retirement age and introducing a system of continuous employment, to facilitate the re-employment of elderly persons and others and to secure employment opportunities for persons who have mandatorily retired and other elderly retirees.

①The term "elderly persons" as used in this Act means those whose ages are at or above the age specified by Order of the Ministry of Health, Labour and Welfare.

②The term "elderly persons and others" as used in this Act means elderly persons and the following persons who do not fall into the category of elderly persons:

③The term "specified area" as used in this Act means an area designated by the Minister of Health, Labour and Welfare as an area where it is extremely difficult for unemployed persons who are middle-aged and elderly to find employment.

①Consideration must be given to ensure that elderly persons and others have opportunities for employment and other various work opportunities in accordance with their wishes and abilities throughout their entire working lives while enriching their working lives.

②On their own initiative, workers are to prepare a plan for working as elderly persons in order to enrich their working lives in this period, and are to strive to develop and improve their abilities while maintaining and promoting their health, based on the plan.

①By creating the necessary conditions such as those for developing and improving the work abilities of elderly persons that it employs, improving working facilities and taking various other measures, and by providing support and taking other actions for the elderly persons and others that it employs in order for them to be re-employed, the employer is to strive to secure opportunities for their employment in accordance with their wishes and abilities.

②The employer is to strive to provide the necessary support for workers employed by the employer to prepare work plans for working as elderly persons in order to enable the workers to enrich their working lives by assisting them in their work as elderly persons in accordance with their wishes and abilities.

While giving due consideration to the voluntary efforts of employers, workers, and other related persons, the national government and local governments are to provide the employers, workers, and other related persons with the necessary support, etc. in accordance with their circumstances, and are to strive to comprehensively and effectively promote measures necessary to secure work opportunities and other various employment opportunities, etc. for elderly persons and others in accordance with elderly persons' wishes and abilities, by implementing measures such as improving systems for employment placements and vocational training that are necessary to facilitate the re-employment of elderly persons and others.

①The Minister of Health, Labour and Welfare is to formulate a policy that forms the basis for the measures for the stabilization of employment of elderly persons and others. (hereinafter referred to as the "Basic Policy for Measures for Employment Security for Elderly Persons and Others").

②The particulars to be specified in the Basic Policy for Measures for Employment for Elderly Persons and Others are as follows:

③Prior to the formulation of the Basic Policy for Measures for Employment Security for Elderly Persons and Others, the Minister of Health, Labour and Welfare must consult with the heads of the relevant administrative organs and listen to the opinions of the Labour Policy Council.

④After having formulated the Basic Policy for Measures for Employment Security for Elderly Persons and Others, the Minister of Health, Labour and Welfare must publicly announce its outline without delay.

⑤The provisions of the two preceding paragraphs apply mutatis mutandis to amendments of the Basic Policy for Measures for Employment Security for Elderly Persons and Others.

①This Act does not apply to mariners provided for in Article 6, paragraph (1) of the Mariners' Employment Security Act (Act No. 130 of 1948).

②The provisions of the preceding Article, the following Chapter, Chapter III, Section 2, and Articles 49 and 52 do not apply to national government employees and local government employees.

If an employer establishes a mandatory retirement age for workers they employ (hereinafter referred to as the "mandatory retirement age"), the mandatory retirement age must not be set below 60 years of age; provided, however, that this does not apply to workers employed by the employer who engage in work that has been deemed difficult for elderly persons to perform by Order of the Ministry of Health, Labour and Welfare.

①If an employer fixes the mandatory retirement age (limited to under 65 years of age; hereinafter, the same applies in this Article), the employer must take a measure that is one of those listed in the following items in order to secure stable employment for elderly persons employed by the employer until 65 years of age (hereinafter referred to as the "measures for securing employment for elderly persons"):

②Continuous employment systems are to include a mechanism whereby an employer concludes a contract with a specially related employer (referring to an employer in a relationship with a given employer that allows it to have substantial control of the business of the given employer and any other employer specified by Order of the Ministry of Health, Labour and Welfare as being in a special relationship with the given employer; hereinafter, the same applies in this paragraph and Article 10-2, paragraph (1)) promising that the specially related employer will continue to employ elderly persons currently employed by the employer who wish to be employed after the mandatory retirement age, etc., and the employment of elderly persons is secured based on the contract.

③The Minister of Health, Labour and Welfare is to specify the guidelines concerning the implementation and operation of the measures for securing employment for elderly persons (referred to as the "guidelines" in the following paragraph) that the employer in paragraph (1) should take (including treatment of persons that have difficulty fulfilling their duties in the continuous employment system due to a mental or physical disorder).

④The provisions of Article 6, paragraphs (3) and (4) apply mutatis mutandis to formulations of and amendments to the guidelines.

①The Minister of Health, Labour and Welfare may give necessary guidance and advice to an employer who violates the provisions of paragraph (1) of the preceding Article.

②When the Minister of Health, Labour and Welfare finds that an employer still violates the provisions of paragraph (1) of the preceding Article, even after having received guidance and advice as provided for in the provisions of the preceding paragraph, the Minister of Health, Labour and Welfare may recommend the employer implement the measures for securing employment for elderly persons.

③When an employer has received recommendations provided for in the provisions of the preceding paragraph but fails to follow the recommendations, the Minister of Health, Labour and Welfare may make it public.

①An employer that has established a mandatory retirement age (for which the application is limited to those aged 65 or older but younger than 70; hereinafter the same applies in this Article), or an employer who has introduced a continuous employment system (excluding a system under which elderly persons are employed continuously until 70 years of age or older; hereinafter the same applies in this paragraph) must endeavor to secure stable employment for persons aged 65 to 70. This involves taking the following measures with respect to elderly persons employed by the employer (including individuals currently employed by a specially related employer that has entered into a contract with the employer based on the provisions of Article 9, paragraph (2), and excluding individuals specified by Order of the Ministry of Health, Labour and Welfare; hereinafter the same applies in this Article); provided, however, that this does not apply if the employer secures the employment of elderly persons employed by the employer after the mandatory retirement age, etc. (referring to the period after reaching the mandatory retirement age or after reaching the upper limit of the age established by the continuous employment system; hereinafter the same applies in this Article) or if the employer secures the employment of elderly persons employed by the employer, for a period lasting until the age of 70, after those individuals have reached the upper age limit established by the continuous employment system for persons over 65 years of age set forth in item (ii), by taking measures for start-up support, etc. for which, as prescribed by Order of the Ministry of Health, Labour and Welfare, the employer has obtained consent from a labor union organized by a majority of the workers (if there is one) or from a person representing a majority of the workers (if there is no labor union organized by a majority of the workers):

②The measures for start-up support, etc. set forth in the preceding paragraph refer to the following measures:

③Continuous employment systems for persons 65 years of age or older are to include a mechanism by which an employer concludes a contract with another employer promising that the other employer will continue to employ elderly persons employed by the employer and who wish to be employed after the mandatory retirement age, etc., and the employment of elderly persons is secured based on the contract.

④The Minister of Health, Labour and Welfare is to establish guidelines for the implementation and operation of the measures set forth in the items of paragraph (1) and the measures for start-up support, etc. (referred to as the "measures for securing job opportunities for elderly persons" in paragraphs (1) and (2) of the following Article) (such guidelines are referred to as the "guidelines" in the following paragraph) (including treatment under continuous employment systems for persons 65 years of age or older, encompassing those who are unable to perform their duties due to a mental or physical disorder, or measures for start-up support, etc.).

⑤The provisions of Article 6, paragraphs (3) and (4) apply mutatis mutandis to formulations of and amendments to the guidelines.

①When the Minister of Health, Labour and Welfare finds it necessary for securing stable employment for elderly persons from 65 to 70 years of age and other employment opportunities for elderly persons in light of the Basic Policy for Measures for Employment Security for Elderly Persons and Others. , the Minister may provide an employer with necessary guidance and advice with regard to the implementation of measures for securing job opportunities for elderly persons.

②In cases where the Minister of Health, Labour and Welfare has provided guidance or advice pursuant to the provisions of the preceding paragraph, when the Minister finds that the situation concerning the implementation of measures for securing job opportunities for elderly persons has not improved, the Minister may recommend that the employer prepare a plan concerning the implementation of measures for securing job opportunities for elderly persons, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

③After preparing the plan set forth in the preceding paragraph, the employer is to submit it to the Minister of Health, Labour and Welfare pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare. The same applies when the employer revises the plan.

④When the Minister of Health, Labour and Welfare finds that the plan set forth in paragraph (2) is particularly unsuitable, the Minister may recommend that the employer who prepared the plan make revisions.

Pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, an employer must strive to appoint a person who is to be responsible for improving working facilities and various other conditions in order to promote measures for securing employment for elderly persons.

For the purpose of facilitating or otherwise promoting the re-employment of elderly persons and others, the national government is to give consideration so that vocational guidance, employment placements, vocational training, and other measures concerning elderly persons and others can be implemented in an effective and coordinated way.

For the purpose of facilitating or otherwise promoting the re-employment of elderly persons, public employment security offices are to search for job openings in order to secure employment opportunities for elderly persons and others and are to also strive to collect information concerning job openings and job applications related to elderly persons and others and to provide such information to elderly persons and others seeking jobs and to employers.

①When deemed necessary in order to introduce elderly persons and others to employment that is compatible with their abilities, public employment security offices are to give guidance to recruiting employers on age and other conditions.

②Public employment security offices may give those that employ or seek to employ elderly persons and others the necessary advice and other support on technical particulars concerning the employment of elderly persons and others concerning such particulars as hiring, assignments, working equipment and the working environment.

①If an elderly person and other persons (limited to those specified by Order of the Ministry of Health, Labour and Welfare) or other persons specified by Order of the Ministry of Health, Labour and Welfare (hereinafter referred to as "elderly persons eligible for re-employment assistance and other assistance") are separated from employment due to being dismissed by their employer (excluding dismissal based on grounds attributable to those persons themselves) or due to any other reason specified by Order of the Ministry of Health, Labour and Welfare, and if the elderly persons eligible for re-employment assistance and other assistance wish to be re-employed, the employer must strive to search for job openings and take other necessary measures to support the elderly persons eligible for re-employment assistance and other assistance in their search for re-employment (hereinafter referred to as the "measures to support re-employment").

②Public employment security offices are to provide an employer with the necessary advice and other support for the measures to support re-employment that should be taken by the employer pursuant to the provisions of the preceding paragraph, at the request of the employer.

①In the event that elderly persons eligible for re-employment assistance and other assistance whose number is equal to or greater than the number specified by Order of the Ministry of Health, Labour and Welfare are separated from employment due to a reason specified by Order of the Ministry of Health, Labour and Welfare as set forth in paragraph (1) of the preceding Article, the employer must notify the Chief of the Public Employment Security Office of this in advance, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

②The calculation of the number of workers separated from employment in the case referred to in the preceding paragraph is to be made by the calculation method specified by Order of the Ministry of Health, Labour and Welfare.

①When elderly persons and others (limited to those specified by Order of the Ministry of Health, Labour and Welfare) who are to be separated from their employment due to dismissal (excluding dismissal based on grounds attributable to those persons themselves) or other reasons specified by Order of the Ministry of Health, Labour and Welfare as being similar to dismissal (hereinafter referred to as "dismissal or other disposition" in this paragraph) wish to be re-employed, an employer must draft a document (hereinafter referred to as the " Support Plan for Job-Seeking") pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, regarding the particulars specified by Order of the Ministry of Health, Labour and Welfare concerning the work experience and occupational abilities of the elderly persons and others, and other particulars that will help them become re-employed (excluding the reasons for their dismissal or other disposition), and that also clarifies the measures to be taken by the employer to support their re-employment, and issue it to the elderly persons and others, in order to facilitate their re-employment.

②An employer who has drafted a Support Plan for Job-Seeking pursuant to the provisions of the preceding paragraph is to appoint a person to be in charge of re-employment support from among the persons employed by the employer and have that person provide, in accordance with the Support Plan for Job-Seeking, support for the re-employment of elderly persons and others that are subjects of the Support Plan for Job-Seeking in cooperation with public employment security offices and pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

①The Minister of Health, Labour and Welfare may give necessary guidance and advice to an employer who violates the provisions of paragraph (1) of the preceding Article.

②If the Minister of Health, Labour and Welfare finds that an employer still violates the provisions of paragraph (1) of the preceding Article, even after having received the guidance and advice as provided for in the provisions of the preceding paragraph, the Minister of Health, Labour and Welfare may recommend the employer prepare a Support Plan for Job-Seeking and issue it to the elderly persons and others that are the subjects of the Support Plan for Job-Seeking.

①Workers who have received a Support Plan for Job-Seeking may present the plan to public employment security offices when applying for employment there.

②When presented with a Support Plan for Job-Seeking pursuant to the provisions of the preceding paragraph, public employment security offices are to consider the content of the Support Plan for Job-Seeking and offer advice on how to prepare a document that clarifies the work experiences, etc. of the job seeker and provide other support to the job seeker.

③If deemed necessary when offering the advice and other support provided for in the preceding paragraph, the Chief of the Public Employment Security Office may request that the employer that prepared the Support Plan for Job-Seeking provide information and any other necessary cooperation.

①When an employer recruits or employs workers and sets an upper age limit for applicants (limited to age limits of not more than 65 years of age) due to compelling reasons, the employer must explain the reasons for the limitation to the job seekers, pursuant to a method specified by Order of the Ministry of Health, Labour and Welfare.

②If the Minister of Health, Labour and Welfare deems it necessary, the Minister may request reports from an employer or give advice, guidance, or recommendations, with regard to providing grounds specified in the preceding paragraph or the content of the grounds.

After retirement of the elderly persons employed by the employer due to reaching the mandatory retirement age or for other similar reasons, the employer must strive to take measures to provide support to the elderly persons so that they can acquire the necessary knowledge concerning life after retirement and must take other measures in order to support the elderly persons in making the necessary preparations to facilitate their retirement from occupational life, in accordance with their wishes.

The Chief of the Public Employment Security Office is to issue job application pocketbooks for middle-aged and elderly unemployed persons and other persons (hereinafter referred to as a "Pocketbook") to middle-aged and elderly unemployed persons and other persons who fall under each of the following items, based on an application from the persons:

①The Pocketbook remains valid for the period specified by Order of the Ministry of Health, Labour and Welfare.

②The Chief of the Public Employment Security Office may extend the validity period of a recipient's Pocketbook for the period specified by Order of the Ministry of Health, Labour and Welfare, when the Chief recognizes that the person continues to have difficulty in finding employment after the lapse of the validity period of the Pocketbook referred to in the preceding paragraph and therefore remains in need of the measures listed in each item of Article 25, paragraph (1).

③In specifying the period to be set by Order of the Ministry of Health, Labour and Welfare under the preceding two paragraphs, special consideration may be given to persons residing in specified areas.

①When the Chief of the Public Employment Security Office recognizes that a person who has received a Pocketbook falls under any of the following items, the Pocketbook becomes invalidated:

②In the case referred to in the preceding paragraph, the Chief of the Public Employment Security Office is to notify the person who has received the Pocketbook to that effect.

①The Minister of Health, Labour and Welfare is to formulate a plan to ensure that the measures listed in each of the following items are implemented in an effective and coordinated way in order to facilitate the employment of persons who have received Pocketbooks:

②Prior to the formulation of the plan referred to in the preceding paragraph, the Minister of Health, Labour and Welfare must hear the opinions of the Labour Policy Council.

①When the Chief of the Public Employment Security Office issues a Pocketbook, the Chief is to instruct the person receiving the Pocketbook to receive all or part of the measures listed in each item of paragraph (1) of the preceding Article based on the plan referred to in the same paragraph (hereinafter referred to as the "measures to promote employment") during the validity period of the Pocketbook, according to the person's knowledge, skills, work experience, and other circumstances.

②Upon extending the validity period of a Pocketbook for a person who has received it, the Chief of the Public Employment Security Office is to again, instruct the person to receive all or part of the measures to promote employment during the extended validity period of a Pocketbook.

③When the Chief of the Public Employment Security Office finds it necessary to increase the effectiveness of measures to promote employment for a person who has received the instructions referred to in the preceding two paragraphs, the Chief may modify the instructions issued to the person.

①The employment security agencies, local governments, and the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers (referred to as the "Organization" in Article 49, paragraphs (2) and (3)) must strive to liaise closely and cooperate to ensure the smooth implementation of measures to promote employment for persons receiving the instructions referred to in paragraphs (1) or (2) of the preceding Article.

②A person who has received the instructions referred to in paragraph (1) or (2) of the preceding Article must follow the guidance or instructions of the official who is implementing the measures to promote employment and also must strive to promptly find employment on their own initiative.

Pursuant to the provisions of the Act on Comprehensively Advancing Labor Measures, Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives (Act No. 132 of 1966), the national government and the prefectures may pay an allowance to a person who receives the measures to promote employment under the instructions referred to in Article 26, paragraph (1) or (2) during the validity period of their Pocketbook, in an effort to facilitate the person's job-seeking activities and ensure the stability of their livelihoods.

Vocational guidance as part of measures to promote employment is to be provided by employment promotion officers under Article 9-2, paragraph (1) of the Employment Security Act (Act No. 141 of 1947).

The Chief of the Public Employment Security Office may request a person receiving measures to promote employment to submit reports on the status of their job-seeking activities in accordance with the instructions referred to in Article 26, paragraph (1) or (2).

With regard to middle-aged and elderly unemployed persons and other persons residing in specified areas, the Minister of Health, Labour and Welfare is to formulate a plan relating to the implementation of employment placements and vocational and other training, implementation of projects designed to increase employment opportunities, and other particulars necessary to promote the employment of the persons, and is also to establish necessary measures based on this plan.

①Concerning public works projects planned and conducted in the specified areas (referring to public-oriented construction and restoration projects planned and conducted directly by the national government or by corporations established by a special act of incorporation pursuant to a special act (limited to corporations specified by Cabinet Order for which all or most of the stated capital comes from investment by the national government, or for which the primary source of funds for expenses necessary to conduct the projects comes from grants or subsidies from the national government) (referred to as the "national government and specified corporations" in the following paragraph), or by local governments and other entities to which a contribution or subsidy from the national treasury has been provided; the same applies hereinafter), when the Minister of Health, Labour and Welfare deems it to be necessary based on the employment conditions of middle-aged and elderly unemployed persons and other persons in specified areas, the Minister may prescribe the percentage of the total number of workers employed in these projects that are middle-aged and elderly unemployed persons and other persons (hereinafter referred to as the "absorption ratio of unemployed persons") by occupation or area, according to the type of project.

②The national government and specified corporations or local governments and other entities which plan and conduct public works projects for which the absorption ratio of unemployed persons has been prescribed (including persons that conduct these projects based on a subcontract or other contract with the national government and specified corporations or local governments and other entities; hereinafter referred to as the "project operator for a public works project") must employ middle-aged and elderly unemployed persons and other persons in the number corresponding to the absorption ratio of unemployed persons at all times, through referrals of the unemployed persons by public employment security offices.

③If it is difficult for the project operator for a public works project to employ middle-aged and elderly unemployed persons and other persons in the number required by the provisions of the preceding paragraph through referrals of unemployed persons by public employment security offices, the project operator for a public works project may directly employ the number of difficult-to-hire workers upon receiving written consent from public employment security offices.

Beyond the provisions described in this Section, the issuing of Pocketbooks, the returning of Pocketbooks, other necessary particulars related to Pocketbooks, necessary particulars related to procedures for the instructions referred to in Article 26, paragraph (1) or (2), and necessary particulars related to the absorption of middle-aged and elderly unemployed persons and other persons, into public works projects are specified by Order of the Ministry of Health, Labour and Welfare.

①Through consultation at the council set forth in paragraph (1) of the following Article and in accordance with the actual circumstances of the area, local governments may individually or jointly formulate a plan for securing diverse employment opportunities for elderly persons (hereinafter referred to as a "local plan for securing job opportunities for elderly persons" in this Article and paragraph(1)), consult with the Minister of Health, Labour and Welfare, and seek the Minister's consent.

②A local plan for securing job opportunities for elderly persons is to provide for the following particulars:

③In addition to the particulars set forth in the items of the preceding paragraph, efforts are to be made to specify the following particulars in a local plan for securing job opportunities for elderly persons:

④If a local government intends to make changes to the local plan for securing job opportunities for elderly persons for which it has obtained the consent set forth in paragraph (1), it must consult with and obtain the consent of the Minister of Health, Labour and Welfare.

⑤With regard to the programs prescribed in paragraph (2), item (iii) related to a local plan for securing job opportunities for elderly persons for which the consent set forth in paragraph (1) has been obtained (when consent for change under the provisions of the preceding paragraph has been given, the plan after the change), the government is to provide them as Employment Stabilization Programs set forth in Article 62 of the Employment Insurance Act (Act No. 116 of 1974) or as Human Resources Development Programs set forth in Article 63 of the same Act.

①Local governments, relevant organizations, silver human resources centers prescribed in Article 37, paragraph (2), employer organizations, persons engaged in work related to elderly persons, and other relevant persons may organize a council to share information on local issues concerning the securing of diverse job opportunities for elderly persons and promotion of closer collaboration, while discussing necessary matters concerning a local plan for securing job opportunities for elderly persons and other measures for the securing of diverse job opportunities for elderly persons in accordance with the actual circumstances in the area.

②Concerning the particulars discussed at the council set forth in the preceding paragraph, the members of the council must respect the outcomes of the discussions.

The national and local governments will strive to provide consultations regarding employment to elderly retirees, including those who have reached the mandatory retirement age, who wish to engage in temporary short-term employment or light tasks as provided for in paragraph (1) of the following Article; foster organizations providing employment opportunities to meet such wishes; and take other necessary measures in order to secure other opportunities for their employment.

①Based on an application from the association or foundation, the prefectural governor may designate as a person that is to carry out the operations provided for in following Article a general incorporated association or general incorporated foundation (referred to as a " corporation that provides employment support to elderly persons" in the following paragraph and Article 44, paragraph (1)) that has been established for the purpose of contributing to the advancement of the welfare of the elderly by securing and systematically providing opportunities for temporary short-term work or other light tasks (limited to those specified by the Minister of Health, Labour and Welfare upon taking into consideration the relevant labor supply-and-demand situation and the practical aspects of processing the relevant operations; the same applies in the following Article) based on the preferences of persons who have reached the mandatory retirement age and other elderly retirees, and thereby enabling the active utilization of their abilities and assisting with their search for employment, and that is an organization found to comply with the criteria listed below concerning the operations provided for in the following Article, with only a single such organization to be designated for each municipal area (including an area of a special ward; the same applies in Articles 39 and 44) (or with only a single such organization to be designated for two or more municipal areas as designated by the prefectural governor, when found necessary to ensure the smooth operations of the activities listed in paragraph (1), items (i) and (ii) of the following Article, in accordance with the criteria specified by Order of the Ministry of Health, Labour and Welfare, taking into consideration the circumstances of employment opportunities for temporary short-term work in the areas and other relevant circumstances); provided, however, that areas subject to the designation in Article 44, paragraph (1) (if changes have been made to paragraphs (2) or (4) of the Article, then areas after changes have been made; hereinafter referred to as the "designated areas of the association") concerning persons who have received the designation pursuant to the paragraph (1) (hereinafter referred to as the "silver human resources center association") cannot be areas subject to the designation in this paragraph:

②The designation in the preceding paragraph may not be applied to an elderly persons employment support corporations that possesses as its members two or more persons (hereinafter referred to as the "silver human resources center") that have received a designation under the paragraph.

③When making the designation under paragraph (1), the prefectural governor must make public the name, address, and location of the office of the silver human resources center, as well as the area concerned with the designation.

④When a silver human resources center seeks to change its name, address, or the location of its office, it must notify the prefectural governor to that effect in advance.

⑤When a notification provided for in the preceding paragraph has been submitted, the prefectural governor must make public the particulars concerning the notice.

①Silver human resources centers are to carry out the following operations in the areas (hereinafter referred to as the "designated areas of the centers") subject to the designation under paragraph (1) of the preceding Article:

②Notwithstanding the provisions of Article 30, paragraph (1) of the Employment Security Act, silver human resources centers may provide a fee-based employment placement service in their operations, as provided for in item (ii) of the preceding paragraph, by notifying the Minister of Health, Labour and Welfare of the service, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

③The provisions of Articles 5-2 to 5-8; Article 18-2; Article 32-3; Article 32-4, paragraph (2); Article 32-8, paragraph (1); Article 32-9, paragraph (2); Articles 32-10 through 32-13; Article 32-15; Article 32-16; Articles 33-5 through 34; Articles 48 through 48-4; Article 51; and Articles 64 through 67 of the Employment Security Act, as well as the provisions of Chapter III of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives, apply to the fee-based employment placement service as provided for in the preceding paragraph, by regarding a silver human resources center as an employment placement service provider, as provided for in Article 4, paragraph (10) of the Employment Security Act, or as a fee-based employment placement service provider, as provided for in Article 32-3, paragraph (1) of the same Act, or as an employment placement agency, as provided for in Article 2 of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives, and by regarding the notification made under the provisions of the preceding paragraph to constitute the necessary license under the provisions of Article 30, paragraph (1) of the Employment Security Act. In this case, the phrase "Article 32-9, paragraph (2)" in Article 18-2 of the Employment Security Act is deemed to be replaced with "Article 32-9, paragraph (2) as applied pursuant to the provisions of Article 38, paragraph (3) of the Act on Stabilization of Employment of Elderly Persons"; the phrase "a person who has obtained the license provided for in Article 30, paragraph (1)" in Article 32-3, paragraph (1) of the same Act is deemed to be replaced with "a person who carries out the fee-based employment placement service after making a written notice pursuant to the provisions of Article 38, paragraph (2) of the Act on Stabilization of Employment of elderly persons"; the phrase "a person who has received issuance of a license certificate, the license certificate" in Article 32-4, paragraph (2) of the same Act is deemed to be replaced with "a person who has submitted a written notice pursuant to the provisions of Article 38, paragraph (2) of the Act on Stabilization of Employment of Elderly Persons, and documents stating that the person has submitted the written notice and other particulars specified by Order of the Ministry of Health, Labour and Welfare"; and the phrase "item (ii) or (iii) of the preceding paragraph" in Article 32-9, paragraph (2) of the same Act is deemed to be replaced with "item (ii) of the preceding paragraph."

④Beyond the provisions of the preceding two paragraphs, any other necessary particulars in connection with the fee-based employment placement service as set forth in the provisions of paragraph (2) are specified by Order of the Ministry of Health, Labour and Welfare.

⑤Notwithstanding the provisions of Article 5, paragraph (1) of the Act on Securing the Proper Operation of Temporary Labor Services and Protecting Temporary Workers (Act No. 88 of 1985, hereinafter referred to as the "Temporary Labor Services Act"), as an operation provided for in paragraph (1), item (iv), and only for elderly retirees who are its members, silver human resources centers may conduct temporary labor services as provided in Article 2, item (iii) of the Temporary Labor Services Act (hereinafter referred to as "temporary labor services") by submitting a notice to the Minister of Health, Labour and Welfare, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

⑦Beyond the provisions of the preceding two paragraphs, any other necessary particulars concerning temporary labor services under the provisions of paragraph (5) are to be specified by Order of the Ministry of Health, Labour and Welfare.

①Concerning the services provided by a silver human resources center as listed in paragraph (1), items (ii) and (iv) of the preceding Article, for each municipal area within the designated area of the center, a prefectural governor may designate business types and job types that are expected to contribute considerably to securing job opportunities for elderly retirees by expanding the scope of services in an area where it is necessary to secure a workforce, and that conform to criteria specified by Order of the Ministry of Health, Labour and Welfare in consideration of factors such as the supply-demand situation of the workforce and the impact on business activities of business operators engaged in services of the same type as those listed in items (ii) and (iv) of paragraph (1) (with regard to the services listed in the same item, limited to temporary labor services).

②When a prefectural governor intends to make a designation set forth in the preceding paragraph, the governor must hear the opinions of the following persons in advance:

③When a prefectural governor intends to make a designation as set forth in paragraph (1), the governor must consult with the Minister of Health, Labour and Welfare in advance.

④When making a designation pursuant to paragraph (1), the prefectural governor must give public notice of the designated business type, job type, and the municipal area related to the designation.

⑤In the municipal area subject to the designation set forth in paragraph (1), concerning the application of the provisions of paragraph (1), item (ii) of the preceding Article in cases where a silver human resources center operates a fee-based employment placement service pursuant to the provisions of paragraph (2) of the preceding Article (limited to those related to job openings for which the place of employment is within the municipal area) for the business type and job type designated pursuant to the provisions of paragraph (1), the term "light activities" in the same item is to be deemed to be replaced with "light activities or activities carried out by utilizing their abilities."

⑥In the municipal area related to the designation set forth in paragraph (1), concerning the application of the provisions of paragraph (1), item (iv) of the preceding Article, in cases where a silver human resources center operates a temporary labor service (limited to cases where the place of temporary work (referring to the temporary work prescribed in Article 23-2 of the Temporary Labor Services Act) is within the area of the relevant municipality) pursuant to the provisions of paragraph (5) of the preceding Article for the business type and job type designated pursuant to the provisions of paragraph (1), the phrase "or other light activities" in the same item is to be deemed to be replaced with "or other light activities and activities carried out by utilizing their abilities."

①When the business type and job type for which a designation set forth in paragraph (1) of the preceding Article has ceased to conform to the standards prescribed in the paragraph, the prefectural governor is to revoke the designation without delay.

②The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to a revocation under the provisions of the preceding paragraph.

①A silver human resources center must prepare a business plan and an income and expenditure budget on an annual basis, as specified by Order of the Ministry of Health, Labour and Welfare, and submit them to the prefectural governor. The same also applies when the silver human resources center intends to revise the plan or budget.

②A silver human resources center must prepare and submit an operations report and settlement of accounts to the prefectural governor after the end of each fiscal year of operations, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

To the extent necessary for enforcing the provisions of this Section, the prefectural governor may issue to a silver human resources center an order necessary for the supervision of the operations prescribed in Article 38, paragraph (1) (including cases where applied by replacing the terms pursuant to the provisions of Article 39, paragraphs (5) and (6); the same applies in the following Article).

①When a silver human resources center falls under any of the following items, the prefectural governor may revoke the designation under Article 37, paragraph (1) (hereinafter referred to as the "Designation" in this Article):

②In the case of revoking the Designation pursuant to the provisions of the preceding paragraph, the prefectural governor must publicize it.

①Based on application from them, a prefectural governor may designate Elderly Persons Employment Support Corporations that possess as their members two or more silver human resources centers and that are deemed to comply with the criteria listed in each item of Article 37, paragraph (1) concerning the operations provided for in Article 38, paragraph (1), applied mutatis mutandis pursuant to the following Article, as persons that are to carry out the operations stipulated in Article 38, paragraph (1), applied mutatis mutandis pursuant to the following Article, with only a single such corporation designated for each area, including municipal areas for which a designation is deemed necessary in accordance with the criteria specified by Order of the Ministry of Health, Labour and Welfare, taking into consideration the designated areas of the centers concerning silver human resources centers that are members of Elderly Persons Employment Support Corporations and the circumstances of employment opportunities for temporary short-term work in the areas and other circumstances; provided, however, that this designation excludes designated areas of the centers and designated areas of the associations related to silver human resources centers that are not members of Elderly Persons Employment Support Corporations that have applied for such designation from the municipal areas.

②When a silver human resources center has become a member of a silver human resources center association, the silver human resources center association must notify the prefectural governor to that effect. When the notification has been made, the combined area of the designated area of the association related to the silver human resources center association and the designated area of the center related to the silver human resources center is to be the designated area of the association related to the silver human resources center association.

③When the designation set forth in paragraph (1) or the notification set forth in the preceding paragraph has been made, the designation set forth in Article 37, paragraph (1) related to the silver human resources center that is a member of the silver human resources center association related to the designation or notification will cease to be effective.

④If a notification as provided for in paragraph (2) has been made and the silver human resources center association has requested a change of the designated areas of the association, the prefectural governor may change the designated areas of the association and designate areas which combine the areas of association and municipal areas where a designation is deemed necessary in accordance with the criteria specified by Order of the Ministry of Health, Labour and Welfare in paragraph (1) as designated areas of the association related to the silver human resources center association; provided, however, that in making the changes that the designated areas of the centers and designated areas of the association are excluded from the municipal areas.

The provisions of Article 37, paragraphs (3) through (5) and Articles 38 through 43 apply mutatis mutandis to silver human resources center associations. In this case, the phrase "when making the designation under paragraph (1)" in Article 37, paragraph (3) is deemed to be replaced with "when a designation has been made as provided for in Article 44, paragraph (1), a change has been made to the designated areas of the association as provided for in paragraph (2) of the same Article, or a change has been made to the designated areas of the association as provided for in paragraph (4) of the same Article"; the phrase "location and the area concerned with the designation" is deemed to be replaced with "location and the area related to the designation (if changes are made to the designation, then areas after changes have been made)"; the phrase "the areas (hereinafter referred to as the "designated areas of the centers") related to the designation under paragraph (1) of the preceding Article" in Article 38, paragraph (1) is deemed to be replaced with "the designated area of the association"; the phrase "Article 38, paragraph (2)" in paragraph (3) of the Article is deemed to be replaced with "Article 38, paragraph (2) as applied mutatis mutandis pursuant to Article 45"; the phrase "and only for elderly retirees, who are its members" in paragraph (5) of the same Article is deemed to be replaced with "and only for elderly retirees, who are its members directly or indirectly"; the phrase "Article 38, paragraph (5)" in Article 5, paragraph (2) in the table under paragraph (6) of the same Article, is deemed to be replaced with "Article 38, paragraph (5) of the same Act as applied mutatis mutandis pursuant to Article 45"; the phrase "silver human resources center" in Article 6, item (vi) and Article 6, item (viii) in the same table is deemed to be replaced with "silver human resources center association "; the phrase "the designated area of the center" in Article 39, paragraph (1) is deemed to be replaced with "the designated area of the association"; the phrase "this Section" in Article 42 is deemed to be replaced with "Chapter VI, Section 2"; the phrase "Article 37, paragraph (1)" in Article 43, paragraph (1) is deemed to be replaced with "Article 44, paragraph (1)"; and the phrase "this Section" in item (iii) of the same paragraph is deemed to be replaced with "Chapter VI, Section 2".

Based on its application, The Minister of Health, Labour and Welfare may designate a general incorporated association or general incorporated foundation established for the purpose of contributing to the enhancement of the welfare of elderly persons by actively promoting the practical use of the skills of persons who have mandatorily retired or other elderly retirees, while making efforts for the sound development of the silver human resources centers and the silver human resources center associations which are recognized to be capable of properly and effectively carrying out the operations provided for in the following Article, as the person to carry out the operations provided for in the Article, as the single the person designated nationwide.

The designated association as provided for in the preceding Article (hereinafter referred to as the "National Silver Human Resources Center Association") is to carry out the following operations:

The provisions of Article 37, paragraphs (3) through (5) and Articles 41 through 43 apply mutatis mutandis to the National Silver Human Resources Center Association. In this case, the phrase "the prefectural governor" in Article 37, paragraphs (3) through (5) and Articles 41 through 43 is deemed to be replaced with "the Minister of Health, Labour and Welfare"; the phrase "paragraph (1)" in Article 37, paragraph (3) is deemed to be replaced with "Article 46"; the phrase "location of the office and the area concerned with the designation" is deemed to be replaced with "and location of the office"; the phrase "this Section" in Article 42 is deemed to be replaced with "Chapter VI, Section 3"; the phrase "Article 38, paragraph (1) (including the cases where it is applied by replacing terms pursuant to the provisions of Article 39, paragraphs (5) and (6); the same applies in the following Article)" is deemed to be replaced with "Article 47"; the phrase "Article 37, paragraph (1)" in Article 43, paragraph (1) is deemed to be replaced with "Article 46"; the phrase "Article 38, paragraph (1)" in item (i) of the same paragraph is deemed to be replaced with "Article 47"; and the phrase "this Section" in item (iii) of the same paragraph is deemed to be replaced with "Chapter VI, Section 3".

①In order to promote the stabilization of employment and to further improve the welfare of elderly persons and others (excluding those specified by Order of the Ministry of Health, Labour and Welfare; hereinafter, the same applies in this paragraph), the national government may take the following measures and other measures to assist employers, workers, and other related parties, etc. in accordance with the Basic Policy for Measures for the Stabilization of Employment for elderly persons and others.:

②The Minister of Health, Labour and Welfare is to delegate all or part of the processes related to the implementation of the measures provided for in each item of the preceding paragraph to the Organization.

③In the case of conducting the processes related to the implementation of the measures provided for in paragraph (1), item (i), when it is deemed necessary with regard to the processes, the Organization may request an employer to submit reports on necessary particulars.

The national government is to strive to conduct the necessary investigation, research, and development of materials concerning the particulars required to realize expansion of the range of occupations for elderly persons, improvements in their employment management, and the development and improvement of their work abilities, in order to contribute to the stabilization of employment of elderly persons and the promotion of their welfare.

①The national government is to strive to improve facilities necessary to effectively provide employment placements and other employment assistance for elderly persons.

②If local governments and other entities take measures to promote the employment of elderly persons, such as the establishment of facilities for providing occupational counseling services for elderly persons, the national government may provide the necessary support.

①An employer must prepare and submit a report once a year to the Minister of Health, Labour and Welfare concerning the circumstances surrounding the mandatory retirement age, the continuous employment system, the continuous employment system for persons 65 years of age or older, the measures for start-up support and other assistance and other particulars related to securing job opportunities for elderly persons pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

②In addition to the annual report referred to in the preceding paragraph, when the Minister of Health, Labour and Welfare deems it necessary for the enforcement of this Act, the Minister of Health, Labour and Welfare may request an employer to submit reports on necessary particulars concerning the circumstances provided for in the paragraph, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

①Conditions may be attached to the designation under the provisions of this Act, and such conditions may be changed.

②The conditions under the preceding paragraph must be limited to the minimum changes necessary to ensure the steady implementation of the particulars related to the designation, and must not impose unreasonable duties on the person subject to the designation.

If a Cabinet Order or Order of the Ministry of Health, Labour and Welfare is established, amended, or repealed under the provisions of this Act, necessary transitional measures (including transitional measures on penal provisions) may be specified by a Cabinet Order or Order of the Ministry of Health, Labour and Welfare respectively, within limits that can be reasonably considered to be necessary in connection with the establishment, amendment, or repeal concerned.

①Part of the authority of the Minister of Health, Labour and Welfare specified in this Act may be delegated to the Director of the Prefectural Labor Bureau, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

②The authority delegated to the Director of the Prefectural Labor Bureau under the provisions of the preceding paragraph may be delegated to the Chief of the Public Employment Security Office, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

A person who fails to submit a report or submits a false report under the provisions of Article 49, paragraph (3) is punished by a fine of not more than 500,000 yen.

If a representative of a corporation, or an agent, employee or other worker of a corporation or a natural person has committed a violation under the preceding Article, with regard to the operations of the corporation or the natural person, not only the offender is punished, but the corporation or the natural person is also punished by the fine provided for in the Article.

A person (in the case of a corporation, then its representative) who fails to submit a notification or submits a false notification under the provisions of Article 16, paragraph (1), is punished by a non-penal fine of not more than 100,000 yen.